S. Env’t L. Ctr. v. TVA, No. 24-95, 2025 WL 1791128 (E.D. Tenn. June 27, 2025) (Crytzer, J.)

S. Env’t L. Ctr. v. TVA, No. 24-95, 2025 WL 1791128 (E.D. Tenn. June 27, 2025) (Crytzer, J.)

Re: Request for records concerning agency’s study of various programs for influencing regional electric load, including energy efficiency, demand response, and electrification

Disposition:  Granting defendant’s motion to dismiss in part

Litigation Considerations, Pleadings:  The court relates that “[i]n its unverified Complaint, Plaintiff alleged that Defendant (1) failed to comply with FOIA’s timelines, (2) failed to conduct an adequate search, and (3) improperly withheld responsive document.” The court finds that, “[e]ven assuming Plaintiff is correct on the merits of its FOIA claims, it has not established standing at summary judgment.”  “When Plaintiff filed its unverified Complaint, it alleged that Defendant’s purported FOIA violations ‘hampered’ Plaintiff’s ‘efforts to effectively advocate on behalf of itself’ and others . . . .”  “That allegation was enough to ‘plausibly assert standing’ at the initial pleading stage.”  “But things changed at summary judgment.”  “Plaintiff ‘must present enough evidence to create a genuine issue of material fact’ regarding whether it has an injury.”  “Plaintiff presents no specific facts or competent evidence – no affidavit, declaration, testimony, or exhibit – indicating that it ‘suffered adverse effects from’ Defendant’s alleged FOIA violations.”  “So, at summary judgment, Plaintiff fails to show an injury sufficient to confer standing.”